terms of satisfaction and complacency, the particulars of the outrage committed at the Thuilleries by Bonaparte, in his paroxism of fury, directed through the medium of Lord Whitworth against the English government. This artful manifesto, calculated to depreciate Great Britain in the eyes of all Europe, excited just displeasure; but the first consul, in reply to the notification of that displeasure, thought proper to disclaim the conduct

1803.

of the French minister, and promise every satis- BOOK VI. faction that the nature of the case would afford. From this impartial review of circumstances CHAP. I. it will be seen that hostilities were unavoidable: and, after a peace of barely one year and sixteen days, Europe again saw her quiet disturbed, and her tranquillity threatened by the renewal of a contest between her greatest continental, and her greatest maritime powers.

On the night of the 19th of May, Lord Whitworth arrived in London, and on the day preceding, the following declaration of war against France was issued by the King of Great Britain:

"His majesty's earnest endeavours for the preservation of peace having failed of success, he entertains the fullest confidence that he shall receive the same support from his parliament, and that the same zeal and spirit will be manifested by his people, which he has experienced on 'every occasion when the honor of his crown has been attacked, or the essential interests of his dominions have been endangered.

During the whole course of the negotiations which led to the preliminary and definitive treaties of peace between his majesty and the French republic, it was his majesty's sincere desire, not only to put an end to the hostilities which subsisted between the two countries, but to adopt such measures, and to concur in such propositions, as might effectually contribute to consolidate the general, tranquillity of Europe. The same motives by which his majesty was actuated during the negotiations for peace, have since invariably governed his conduct. As soon as the treaty of Amiens was concluded, his majesty's courts were open to the people of France for every purpose of legal redress; all sequestrations were taken off their property; all prohibitions on their trade, which had been imposed during the war, were removed, and they were placed, in every rèspect, on the same footing with regard to commerce and intercourse, as the inhabitants of any other state in amity with his majesty, with which there existed no treaty of commerce.

"To a system of conduct thus open, liberal, and friendly, the proceedings of the French government affords the most striking contrast.

The prohibitions which had been placed on the commerce of his majesty's subjects during the war, have been enforced with increased strictness and severity; violence has been offered in several instances to their vessels and their property; and, in no case has justice been afforded to those who may have been aggrieved in consequence of such acts, nor has any satisfactory answer been given to the repeated representations made by his majesty's ministers or ambassador at Paris. Paris. Under such circumstances, when his majesty's subjects were not suffered to enjoy the common advantages of peace within the territories of the French republic, and the countries dependant upon it, the French government had recourse to the extraordinary measure of sending over to this country a number of persons, for the professed purpose of residing in the most considerable sea-port towns of Great Britain and Ireland, in the character of commercial agents or consuls. These persons could have no pretensions to be acknowledged in that character, as the right of being so acknowledged, as well as all the privileges attached to such a situation, could only be derived from a commercial treaty; and as no treaty of that description was in existence between his majesty and the French republic.

"There was consequently too much reason to suppose, that the real object of their mission was by no means of a commercial nature; and this suspicion was confirmed, not only by the circumstance that some of them were military men, but by the actual discovery, that several of them were furnished with instructions to obtain the soundings of the harbours, and to procure military surveys of the places where it was intended they should reside. His majesty felt it to be his duty to prevent their departure to their respective places of destination, and represented to the

BOOK VI. French government the necessity of withdrawing them; and it cannot be denied, that the circumCHAP. II. stances under which they were sent, and the instructions which were given to them, ought to be considered as decisive indications of the dispositions and intentions of the government by whom they were employed.

1803.

"The conduct of the French government, with respect to the commercial intercourse between the two countries, must, therefore, be considered as ill-suited to a state of peace, and their proceedings in their more general political relations, as well as in those which immediately concern his majesty's dominions, appears to have been altogether inconsistent with every principle of good faith, moderation, and justice. His majesty had entertained hopes, in consequence of the repeated assurances and professions of the French government, that they might have been induced to adopt a system of policy, which, if it had not inspired other powers with confidence, might, at least, have allayed their jealousies. If the French government had really appeared to be actuated by a due attention to such a system; if their dispositions had proved to be essentially pacific, allowances would have been made for the situation in which a new government must be placed after so dreadful and extensive a convulsion as that which has been produced by the French revolution. But his majesty has, unfortunately, had too much reason to observe and to lament that the system of violence, aggression, and aggrandizement which characterised the proceedings of the different governments of France during the war, has been continued with as little disguise since its termination. They have continued to keep a French army in Holland against the will, and in defiance of the remonstrances, of the Batavian government, and in repugnance of the letter of three solemn treaties. They have, in a period of peace, invaded the territory, and violated the independence of the Swiss nation, in defiance of the treaty of Luneville, which had stipulated the independence of their territory, and the right of the inhabitants to choose their own form of government. They have annexed to the dominions of France, Piedmont, Parma, and Placentia, and the island of Elba, without allotting any provision to the King of Sardinia, whom they have despoiled of the most valuable part of his territory, though they were bound, by a solemn engagement to the Emperor of Russia, to attend to his interests, and to provide for his establishment. It may, indeed, may, indeed, with truth, be asserted, that the period which has elapsed since the conclusion of the definitive treaty, has been marked with one continued series of aggression, violence, and insult on the part of the French government.

“In the month of October last, his majesty

was induced, in consequence of the earnest solicitation of the Swiss nation, to make an effort, by a representation of the French government, to avert the evils which were then impending over that country. This representation was couched in the most temperate terms; and measures were taken by his majesty for ascertaining, under the circumstances which then existed, the real situa ation and wishes of the Swiss cantons, as well as the sentiments of the other cabinets of Europe. His majesty learned, however, with the utmost regret, that no disposition to counteract these repeated infractions of treaties and acts of violence was manifested by any of the powers most inmediately interested in preventing them; and his majesty, therefore, felt that, with respect to these objects, his single efforts could not be expected to produce any considerable advantage to those in whose favor they might be exerted.

It was about this time that the French government first distinctly advanced the principle, that his majesty had no right to complain of the conduct, or interfere with the proceedings of France, on any point which did not form a part of the stipulations of the treaty of Amiens. That treaty was unquestionably founded upon the same prin ciple as every other antecedent treaty or convention, on the assumption of the state of possession and of engagements subsisting at the time of its conclusion; and if that state of possession and of engagements is materially affected by the voluntary act of any of the parties, so as to prejudice the condition on which the other party has entered into the contract, the change so made may be considered as operating virtually as a breach of the treaty itself, and as giving the party aggrieved a right to demand satisfaction or compensation for any substantial difference which such acts may have effected in their relative situ ations; but, whatever may be the principle on which the treaty is to be considered as founded, there is indisputably a general law of nations, which, though liable to be limited, explained, or restrained by conventional law, is antecedent to it, and is that law or rule of conduct to which all sovereigns and states have been accustomed to appeal, where conventional law is admitted to have been silent. The treaty of Amiens, and every other treaty, in providing for the objects to which it is particularly directed, does not, therefore, assume or imply an indifference to all other objects which are not specified in its stipu lation, much less does it adjudge them to be of a nature to be left to the will and caprice of the violent and the powerful. The justice of the cause is alone a sufficient ground to warrant the interposition of any of the powers of Europe in the differences which may arise between other states, and the application and extent of that just interposition is to be determined solely by considera

tions of prudence. These principles can admit of no dispute; but if the new and extraordinary pretensions advanced by the French government, to exclude his majesty from any right to interfere with respect to the concerns of other powers, unless they made a specific part of the stipulations of the treaty of Amiens, was that which it was possible to maintain, those powers would have a right, at least, to claim the benefit of this principle, in every case of difference between the two countries. The indignation of all Europe must surely then be excited by the declarations of the French government, that, in the event of hostili ties, these very powers, who were no parties to the treaty of Amiens, and who were not allowed to derive any advantage from the remonstrances of his majesty in their behalf, are nevertheless to be made the victims of a war, which is alleged to arise out of the same treaty, and are to be sacrificed in a contest, which they not only have not occasioned, but which they have had no means whatever of preventing.

"His majesty judged it most expedient, under the circumstances which then affected Europe, to abstain from a recurrence to hostilities, on account of the views of ambition, and acts of aggression, manifested by France on the continent; yet an experience of the character and dispositions of the French government could not fail to impress his majesty with a sense of the necessity of increased vigilance in guarding the rights and dignity of his crown, and in protecting the interests of his people.

"Whilst his majesty was actuated by these sentiments, he was called upon by the French government to evacuate the island of Malta. His majesty had manifested, from the moment of the signature of the definitive treaty, an anxious disposition to carry into full effect the stipulations of the treaty of Amiens relative to that island. As soon as he was informed that the election of a grand master had taken place, under the auspices of the Emperor of Russia, and that it had been. agreed by the different priories assembled at St.. Petersburgh, to acknowledge the person whom the court of Rome should select out of those who had been named by them to be grand master of the order of St. John, his majesty proposed to the French government, for the purpose of avoiding any difficulties which might arise in the execution of the arrangement, to acknowledge that election to be valid; and when, in the month of August, the French government applied to his majesty to permit the Neapolitan troops to be sent to the island of Malta, as a preliminary measure for preventing any unnecessary delay, his majesty consented, without hesitation, to this proposal, and gave directions for the admission of the Neapolitan troops into the island. His majesty had thus shewn his disposition not only to throw no

1803.

obstacle in the way of the execution of the treaty, BOOK VI. but, on the contrary, to facilitate the execution of it by every means in his power. His majesty CHAP. II. cannot, however, admit, that, at any period since the conclusion of the treaty of Amiens, the French government have had a right to call upon him, in conformity to the stipulations of that treaty, to withdraw his forces from the island of Malta. At the time when this demand was made by the French government, several of the most important stipulations of the arrangement respecting Malta remained unexecuted: the election of a grand master had not been carried into effect. The tenth article had stipulated, that the independence of the island should be placed under the guarantee and protection of Great Britain, France, Austria, Russia, Spain, and Prussia. The Emperor of Germany had acceded to the guarantee, but only on condition of a like accession on the part of the other powers specified in the article. The Emperor of Russia had refused his accession, except on the condition that the Maltese langue should be abrogated; and the King of Prussia had given no answer whatever to the application which had been made to him to accede to the arrangement. But the fundamental principle, upon the existence of which depended the execution of the other parts of the article, had been defeated by the changes which had taken place in the constitution of the order since the conclusion of the treaty of peace. It was to the order of St.. John of Jerusalem that his majesty was, by the first stipulation of the tenth article, bound to restore the island of Malta. The order is defined to consist of those langues which were in existence at the time of the conclusion of the treaty; the three French langues having been abolished, and a Maltese langue added to the institution. The order consisted, therefore, at that time, of the following langues, viz. the langues of Arragon, Castile, Germany, Bavaria, and Russia.-Since the conclusion of the definitive treaty, the langues of Arragon and Castile have been separated from · the order by Spain, a part of the Italian langue has been abolished by the annexation of Piedmont and Parma to France. There is strong reason to believe, that it has been in contemplation to sequestrate the property of the Bavarian langue, and the intention has been avowed of keeping the Russian langues within the dominions of the emperor.

Under these circumstances, the order of St. John cannot now be considered as that body to which, according to the stipulation of the treaty, the island was to be restored; and the funds indispensibly necessary for its support, and for the maintenance of the independence of the island,, have been nearly, if not wholly, sequestered.. Even if this had arisen from circumstances which

BOOK VI. it was not in the power of any of the contracting parties to the treaty to control, his majesty would CHAP. 11. nevertheless have had a right to defer the evacuation of the island by his forces, until such time 1803. as an equivalent arrangement had been concluded for the preservation of the independence of the order and of the island. But if these changes have taken place in consequence of any acts of the other parties to the treaty; if the French government shall appear to have proceeded upon a system of rendering the order whose independence they had stipulated, incapable of maintaining that independence, his majesty's right to continue in the occupation of the island, under such circumstances, will hardly be contested. It is indisputable, that the revenues of the two Spanish langues have been withdrawn from the order by his eatholic majesty; a'part of the Italian langue has, in fact, been abolished by France, through the unjust annexation of Piedmont and Parma, and Placentia, to the French territory. The Elector of Bavaria has been instigated by the French government to sequestrate the property of the order within his territories; and it is certain that they have not only sanctioned, but encouraged the idea of the propriety of separating the Russian langues from the remainder of the order.

"As the conduct of the governments of France and Spain have, therefore, in some instances directly, and in others indirectly, contributed to the changes which have taken place in the order, and thus destroyed its means of supporting its independence, it is to those governments, and not to his majesty, that the non-execution of the 10th article of the treaty of Amiens must be ascribed.

"Such would be the just conclusion, if the 10th article of that treaty were considered as an árrangement by itself. It must be observed, however, that this article forms a part only of a treaty of peace, the whole of which is connected together, and the stipulations of which must, upon a principle common to all treaties, be construed as having a reference to each other.

"His majesty was induced, by the treaty of peace, to consent to abandon, and to restore to the order of St. John, the island of Malta, on condition of its independence and neutrality. But a further condition, which must necessarily be supposed to have had considerable influence with his majesty, in inducing him to make so important a concession, was the acquiescence of the French government in an arrangement for the security of the Levant, by the eighth aud ninth articles in the treaty, stipulating the integrity of the Turkish empire, and the independence of the Ionian islands. His majesty has, however, since learned, that the French government have entertained views hostile to both these objects; and that they have even suggested the idea of a partition of the Turkish empire.-These views must

now be manifest to all the world, from the official publication of the report of Colonel Sebastiani: from the conduct of that officer, and of the other French agents in Egypt, Syria, and the Ionian islands, and from the distinct admission of the first consul himself, in his communication with Lord Whitworth. His majesty was, therefore, warranted in considering it to be the determination of the French government to violate those articles of the treaty of peace, which stipulated for the integrity and independence of the Turkish empire, and of the Ionian islands, and conse quently he would not have been justified in evacuating the island of Malta, without receiving some other security, which might equally provide for these important objects. His majesty accordingly feels that he has an incontestible claim, in consequence of the conduct of France since the treaty of peace, and with reference to the objects which made part of the stipulations of that treaty, to refuse, under the present circumstances, to relinquish the possession of the island of

Malta.

"Yet, notwithstanding this right, so clear and so unquestionable, the alternative presented by the French government to his majesty, in language the most peremptory and menacing, was the evacuation of Malta, or the renewal of war.

"If the views of ambition and aggrandizement, which have thus been manifested by the French government since the conclusion' of the treaty of peace, have in so very particular a manner attracted the attention of his majesty, it has been equally impossible for him not to feel, and not to notice, the repeated indignities which have been offered by that government to his crown and his people.

"The report of Colonel Sebastiani contains the most unwarrantable insinuations and charges against his majesty's government, against the of ficer who commanded his forces in Egypt, and against the British army in that quarter. This paper cannot be considered as the publication of a private individual; it has been avowed, and indeed bears evidence upon the face of it, that it is the official report of an accredited agent, published by the authority of the government to which it was addressed, who thereby have given it their express sanction.

"This report had been published a very short time, when another indignity was offered to this country in the communication of the first consul of France to the legislative body. In this communication, he presumes to affirm, in the character of chief magistrate of that country," That Great Britain cannot singly contend against the power of France;" an assertion as unfounded as it is indecent, disproved by the events of many wars, and by none more than by those of the war which has been recently concluded. Such an assertion,

advanced in the most solemn official act of a government, and thereby meant to be avowed to all the powers of Europe, can be considered in no other light than as a defiance publicly offered to his majesty, and to a brave and powerful people, who are both willing and able to defend his just rights and those of their country, against every insult and aggression.

"The conduct of the first consul to his majesty's ambassador at his audience in presence of the ministers of most of the sovereigns and states of Europe, furnishes another instance of provocation on the part of the French government, which it would be improper not to notice on the present occasion, and the subsequent explanation of this transaction may be considered as having the effect of aggravating instead of palliating the affront.

"At the very time when his majesty was demanding satisfaction and explanation on some of the points above-mentioned, the French minister at Hamburgh endeavoured to obtain the insertion in a Hamburgh paper of a most gross and opprobrious libel against his majesty, and when difficulties were made respecting the insertion of it, he availed himelf of his official character of minister of the French republic, to require the publication of it, by order of his government, in the gazette of the senate of that town. With this requisition, so made, the senate of Hamburgh were induced to comply; and thus has the independence of that town been violated, and a free state made the instrument, by the menace of the French government, of propagating throughout Europe, upon their authority, the most offensive and unfounded calumnies against his majesty and his government. His majesty might add to this list of indignities, the requisition which the French government have repeatedly urged that the laws and constitution of his country should be changed relative to the liberty of the press. His majesty might, likewise, add the calls which the French government have, on several occasions, made upon him to violate the laws of hospitality, with respect to persons who had found an asylum within bis dominions, and against whose conduct no charge whatever has at any time been substantiated. It is impossible to reflect on these different proceedings, and the course which the French government have thought proper to adopt respecting them, without the thorough conviction that they are not the effect of accident; but that they form a part of a system which has been adopted for the purpose of degrading, vilifying, and insulting his majesty and his government.

"Under all these insults and provocations, his majesty, not without a due sense of his dignity, has proceeded, with every degree of temper and moderation, to obtain satisfaction and redress, while he has neglected no means consistent with

1803.

his honor, and the safety of his dominions, to in- BOOK VI. duce the government of France to concede to him, what is, in his judgment, absolutely neces- CHAP. II. sary for the future tranquillity of Europe. His efforts, in this respect, have proved abortive, and he has, therefore, judged it necessary to order his ambassador to leave Paris. In having recourse to this proceeding, it has been his majesty's object to put an end to the fruitless discussions which have too long subsisted between the two governments, and to close a period of suspense peculiarly injurious to the subjects of his majesty.

He

"But though the provocations which his majesty has received might entitle him to larger claims than those which he has advanced, yet, anxious to prevent calamities which might thus be extended to every part of Europe, he is still willing, as far as is consistent with his own honor, and the interests of his people, to afford every facility to any just and honorable arrangement, by which such evils may be averted. has, therefore, no difficulty in declaring, to all Europe, that, notwithstanding all the changes which have taken place since the treaty of peace, notwithstanding the extension of the power of France, in repugnance to that treaty, and to the spirit of peace itself, his majesty will not avail himself of these circumstances, to demand in compensation all that he is entitled to require, but will be ready to concur, even now, in an arrangement, by which satisfaction shall be given to him, for the indignities which have been offered to his crown and to his people, and substantial security afforded against further encroachments on the part of France.

"His majesty has thus distinctly and unreservedly stated the reasons of those proceedings to which he has found himself compelled to resort. He is actuated by no disposition to interfere in the internal concerns of any other state; by no projects of conquest and aggrandizement; but solely by a sense of what is due to the honor of his crown, and the interests of his people, and by an anxious desire to obstruct the further progress of a system, which, if not resisted, may prove fatal to every part of the civilized world."

"Westminster, May 18, 1803."

Previous to the publication of this declaration, a message from his majesty was presented to both houses of parliament, (May 16,) informing them, that he had recalled his ambassador from Paris, and that the French ambassador had left London.

Lord Pelham moved, in the house of lords, that the message should be taken into consideration on that day se'nnight: it would take two or three days before the necessary papers could be got ready, and it would also take some time for their lordships to consider their contents.